An asset protection trust (aka equity split) does not give you 100% protection but it helps. In another episode, we already touched on asset protection trusts as the fifth layer of asset protection. In this episode, Andrew Andreyev drills deeper into this. You can...
People enter into contracts for the sale and purchase of property frequently However, if you are not familiar with the legal and procedural requirements, you may miss out on valuable opportunities and benefits, including: Tax benefits: Certain property holding...
Dividing a parcel of land into two or more separate titles can be great way to improve the overall value of your investment. Set out below are the key steps in this process. Contact your Council and prepare a 'Plan' First you will need to get a copy of your Council's...
The “how” of purchasing an investment can be almost as important as the “what” The most suitable vehicle for acquiring an investment property will depend on a number of tax and non-tax considerations, including how the investment is funded, the tax impacts of...
Do you provide credit to your customers? If so, you need to understand the full implications of the Personal Property Securities Act. If you do not, you risk losing title to your goods. Hopefully you have written ‘Terms of Supply’ with your customers. Hopefully...
‘Hybrid securities’ are a broad group of securities that combine elements of both ‘debt’ and ‘equity’. They provide both businesses and investors with the ability to more accurately satisfy their funding and investment needs Hybrid securities have the characteristics...
People seek to raise capital in a number of different contexts. In its simplest form, people ‘pool’ their capital with others to carry out a particular venture (for example, to buy a property or start a business). More sophisticated structures may involve setting up...
Tenancy-in-common ownership gives each co-owner title to and control over a fixed interest in real property. This makes it a flexible and autonomous way to own property. But what happens when the co-owners don’t agree? We discuss some options below: Option 1: Enter...
This Solution Brief outlines the respective roles and responsibilities of members (or owners), the Board of directors and managers. Members (owners) The people who own the ‘equity’ in a company are commonly referred to as shareholders or members. The members of a...
When people go into business together, it is common for them to enter into a Shareholders’ Agreements to govern how they will own and administer their company. Our preference is to use a company’s Constitution as the primary instrument to regulate the affairs of a...
How can a company execute a document if some or all of the directors and/or secretary are not available? There are many occasions where it is not possible for a director, directors, or a company secretary to be available to make decisions or execute documents to...
Sometimes it's not convenient (or possible) to carry out legal transactions or make financial decisions for yourself. For example, if you are interstate or overseas, it may not be convenient for you to sign legal documents or complete a legal transaction. If you lose...
Most people understand the importance of making an Enduring Power of Attorney. If you are not able to make financial decisions for yourself, your Enduring Attorney can step into your shoes and keep things in order on your behalf. However, not all Enduring Powers of...
Take control over who makes decisions on your behalf. Powers of Attorney A 'Power of Attorney' is a legal document which appoints one or more persons to look after your financial affairs on your behalf while you are still alive. This is why it is sometimes called a...
You’ll be put straight through to a great lawyer who will guide you to the right solution.